G.S. 90-96 Probation
I wrote previously (here) about the post–Justice Reinvestment rules for determining whether a defendant is eligible for a conditional discharge under G.S. 90-96. Those rules are complicated, but my sense […]
July 10, 2012
Change in Punishment for Second-Degree Murder
Senate Bill 105, which passed both chambers of the General Assembly overwhelmingly and appears certain to become law (either with the Governor’s signature or because of the passage of time […]
July 3, 2012
Collateral Consequences Assessment Tool
The School of Government recently launched the Collateral Consequences Assessment Tool (C-CAT). But, what is a collateral consequence assessment tool? For that matter, what is a collateral consequence? The Collateral […]
July 2, 2012
State v. Gorman and Improper Extensions of Probation
I have written before (here) about some of the tricky issues related to extending probation. A recent case from the court of appeals illustrates the complexity of the rules. In […]
June 28, 2012
Miller v. Alabama: Implications for North Carolina
My previous post summarized Miller v. Alabama, the Supreme Court’s recent case holding that a sentencing regime in which life without parole (LWOP) is mandatory for a murder committed by […]
June 27, 2012
Miller v. Alabama
Most people were disappointed that the Supreme Court did not release the health care ruling on Monday. I, on the other hand, was excited to read Miller v. Alabama, a […]
June 14, 2012
No Contact Orders for Sex Offenders
Under G.S. 15A-1340.50, a judge may issue a permanent no contact order prohibiting a sex offender from coming into contact with the victim of his or her offense. According to […]
June 6, 2012
Two Recent Cases on Sentence Administration
Two recent cases—one from the North Carolina Court of Appeals and one from the United States Court of Appeals for the Fourth Circuit—resolve questions of sentence administration that I’ve written […]
May 30, 2012
License Revocations and Limited Driving Privileges for High-Risk Drivers
I wrote here about several types of driver’s license revocations that can result from a person being charged with and convicted of impaired driving under G.S. 20-138.1 as well as […]
May 24, 2012
Justice Reinvestment and the “Commit no Criminal Offense” Probation Condition
Under the Justice Reinvestment Act (S.L. 2011-192), for probation violations occurring on or after December 1, 2011, the court may only revoke a person’s probation for a violation of the […]
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- Maggie Bailey
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